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VOL. LV. NO 2G. HONOLULU. HAWAII TERRITORY, FRIDAY, MAY 3, 1912. SEMI WEEKLY. WHOLE NO. 870S
DEATH TO Fffi"
0
SUPREME COURT
Throws Out the Claim
Filed by A. R.
Henderson.
An Actual Residence Is
Necessary, Says
Tribunal.
"Fako" nnd "dummy" homesteaders
received a, finishing
blow yesterday 'when the
court handed down a decision
in the celebrated and
hard-fought test suit affecting
the claim of Alfred B. Henderson
to certain public land in
the Kalwiki IH tract at
Hawaii, upon which ho
claimed to have complied with
all bomestead provisions. The
supreme court, in declaring
-k against Henderson, interpreted
the homestead law along strictly
commonsenso lines, declaring
that residence- upon a homestead '
means actual residence,
that cultivation means actual
cultivation by the homostcadcr
- and not the tilling of the land
by a corporation as an integral
- part of any plantation, that
subterfuges 'as "to planting
k agreements can no moro bo resorted
- to with safety and that
bomesteading must bo bona
do.
The decision of tho highest
court of the Territory declares
k that tho homestead law of the
-k Territory means what it is in-tended
-k to mean; that its provisions
-k aro not to bo technically
- twisted and interpretations
placed npon it whereby the
- plain intent of tho law may bo
-k evaded.
-k From now on it is to br understood
-k that homestoadlng in
k Hawaii means just what it
k should, the actual establishment
k of "homes' throughout the
-k Islands.
Reversing Circuit Judge Parsons of
Tlilo on evry important point, in the
Kniwiki III homestead case, the
court yesterday afternoon gave
a decision that sustains tho Trear administration
in practically all of tho
contentions made with regard to the
enforcement o the land laws, and lays
down rules of guidance which will prove
of vast importance in the future to all
who contemplate settlement upon public
lands. The Henderson case was ot
interest as tho most important homo-
btc.iiling test case binco annexation, nnu
also because it was used in tho Kuhio
charges against Governor Trear. Tho
attitude of tho administration in
ft? give titles to Henderson and
others was cited as showing opposition
by Frcar to homesteaders. The court
nnw fiiuTa tlmt. Tlpnilcrson failed to com-
with the homestcading regulations
along the lino. In tho eourso of tho
decision, rules are lnid down which
mean that an) one trying to homestead
public lands in the Territory of Hawaii
must really make his homo on tho
land ho seeks, and must do his own
cultivating. A subleaso to a plantation
is held to be a ioIntion of tho
law.
HarfrFought Case.
Tho Henderson case was fought at
great length iu tho court in llilo,
Deputy Attorney-General Arthur (J.
Siiuth appearing for tho Territory, and
Harry Iruin for Henderson. Henderson
took up a section of tho Kaiwikl
BULLETIN EDITOB'IS
FORTY-ONE TODAY
I
wamwwd k. vhmimvnm, 1
Horn m nruuli, Hmt, My , 1MI
flNOTW
DECIDES CASE
land, as did a number of olhors, in 1007,
nnd proceeded to muko contracts with
Unkalau plantation whereby tho plantation
was to pay him five dollars nn
aero a year for his crop. It was shown
during the hearing of the case that ho
didn't make n real homo on tho plaeo,
and seldom occupied tho small cottage
erected thereon for him by tho plantation.
Tho administration took the position
that he, ns well as about forty others
who took similar action, had not
complied with the tonus of tho homo-stead
laws, and were not entitled to
titles to their various plots. Judge
Parson held that tho law ns to
had been substantially complied
with.
Tho only part of his decision, in favor
of tho homesteader with which tho supreme
court concurs is that relating to
tho duty of tree planting. Tho higher
court agrees that tho homesteader had
a right to count trees naturally grow,
ing upon tho land, s a part of tho
number of trees which tho law required
him to maintain.
Must Bo Bcal Homo.
But when it comes to the resideneo
Continued on Tago eight.
CONTEST COOPER'S
CLAIM L M
NEW CLAIMANTS TILE PAPERS
AS FIRST STEP IN LEGAL
PROCEEDINGS.
Judge Henry E. Cooper is not to
control tho Island of Palmyra, as his
personal property, without a contest.
Now Richmonds have appeared in tho
hold, claiming ownership, and lileu a
claim for possession in tho registry and
conveyances department of the Territory.
Henry Maui and Joseph Kauhoa
Clarke, for, tho sum of ono dollar paid
to Annio Ringer, the descendant of
Johnson Bcswick Wilkinson, an alleged
""original" owner, now claim tho possession
of tho island, and will seek to
provo title by tho introduction of a
copy of a will of Wilkinson, supposed
to lmo been probated before Judgo
Joseph S. Moore of the New Zealand
supremo court in I860.
Annie Ringer, whoso husband was
William Itinger, a former well known
politician, claims descent through Ka-lama,
tho wifo of Johnson Wilkinson,
Kalama being his first wifo.
She states that Judgo Cooper holds
Palmyra through purchase from thoir
heirs of 11. Kakaawinui, tho second
husband of tho eamo Kalama. Tho lato
Judgo W. L. Wilcox secured possession
of tho rights of the Kahaawinuis
through W. "I. Wilcox and Elsio
tho latter passing the deed
to Judgo Cooper.,
Tho document filed appears to bo a
part of a "Ashing expedition" on tho
part of Maui and Clarke, tho latter
having been a friend of long standing
of William Ringer. Tho document as
filed April 30, 1012, reads:
"Know all men by these presents,
that I, Annie Ringer, a widow, tho said
wifo of William Ringer, deceased, of
tho City nnd County of Honolulu, Island
of Oahu, Territory of Hawaii, in
consideration of $1 to mo paid- by
Ilonry Maui and Joseph Kauhoa Clarke
of said Honolulu, tho receipt whorcof
is hereby acknowledged, do hereby give,
grant, bargain, sell and convoy unto
tho said Henry Maui and Joseph K.
Clarke, all of my right, title and interests,
in and to the Island of Palmyra,
situate in the Pacific Ocean in
longitude 101" G3' wost, and latitudo
0 4' north or thereabouts, tho said
Island of Palmyra being tho same
premises that wero devised to tho said
Kalama, by tho said Johnson Boswick
Wilkinson, by his last will, -Which was
admitted to probate boforo Josoph S.
Moore, judgo of tho supremo court of
New Zealand on tho 29th day of Juno,
A. D. 18C0. Therefore, I havo tho
right to soil and convey my right and
interests in tho said Island of Palmyra,
which I inherit from William .Ringer,
my deceased husband, William Ringer
being tho only eon of Roboka Rlngor,
deceased, tho daughter of Nanalkawaba
(w), tho younger slstor of Kalama (w),
mentioned In tho will of Johnson Bos.
wick Wilkinson, being tho first JUusbijnt j
or saw itaiamu (v),
"And furthermore, being thnt.certaln
portion of tho said premises which' wero
told to W h, Wilcox by II. Kaliaowlnui,
tliu second luwband of Knlnm&and J,
Kulliuln, tho brother of Kamma, by
.tliolr tltoil (luted Juno 13, A, D, 1880,'
rwonieil lit Ulier VI, pugo t) and lining
tho tamo premises ownml by W. h, Wil-1
coi, hem by J I miry 15, uonnor by ilooit
i! I Itln Wiimlotiliorg am recorded In
hi,, r "NH, j.BUt, 8S2.
"To liuvs uinl tu Iml'l tliu aforpgrant'
H ., mike, with all tunemeiil,
fun, liiiroMmieiiU ft tit iiiiiriiAi(im
to the kuiiio IiuIihirInk to tlio ill Henry
Mini I unil Jniuiili JC. Clurlfu, tbulr holm
ninl iiwiHim to ttji4 their own uie
mnl iiilmiif furevir,
"In wIiikm wlwrtmf Imvo Imrtiinto
net my IhiimJ and uii en i 80lli iiy
. April, A U, 1DIB,
'(Miid) MM, ANNIH JIIWflifH,
' WiinwMKli
fififiMlirii.iiii f( MMMTettmfMi(it(iwmffrffmm'irmMmMmmf
E. V. WILCOX,
Head of tho federal agricultural
who has found unlimited quantities
of potnBh in Hawaii.
the Islands aro millions of tons of this
black s.md, blown from tho bowels of
the earth ns lava cinders nges ngo. At
tho present commercial value of potash
Doctor Wilcox estimates that
ton of this inexhaustible supply is
(Continued on Tngo 8.)
WIDOW OF ASTOH'S
VALET SUES THE
WHITE STAR LINE
NEW YOIUC, Hay 3. Tho first of
tho scores of damage suits which aro
oxpeetcd to result from tho Blnking of
tho Titanic was filed here yodterday afternoon,
when Mrs. Victor Robbins,
widow of John Jacob Astor's vnlot who
was drowned with hig master, filed her
petition against tho WDiito Star lino
for fifty thousand dollars. Mrs. Rob-bins
alleges In her potition that her
husband met his death largely through
tho negligonco tff tho Olllcors of tho
ship and oflicials of tho line, Tho suit
is 'filed in tlio federal courts,
TITANIC FUND HUGE.
LONDON, May 3, It was announced
hero last night that the fund which is
Iiolng raised over tho ontlro world for
tho relief of tho victims of tho Titanic
mid their dependent relatives Iins
now reached tho turn of mora than a
in i) 1 1 on dollars, it ml Is still growing by
leaps and bounds,
Lord Mureoy, wreck coininimloBor tif
1 1 rait Jlrltnlii, Ihuii tliu ofllrlal
Into the caumiv iiml ilutnili of
tlio wrtcliM of tl'u gront itoamnr
iiHiriiiiiK, ;il'mliiU of iliu Wlillu
filiir Una iw well ns guvomniaiit
nml HllcluU nro liulny
HIIMAHP MOMJ BOATH.
WAHIIIKUTON, My kaun
ruiiiiiillli'n on iiicrclmiit miirliiu hit
Mtjietlon(wl ilia lilll (ulrupM) uy
"hBlriiuB J. W. Aioiii)r flf Mliiuuri
it) III) II 1 1 H AlUOFlMII VWtfl vvllli llfu
m$ um) to me for nil m
in imnl Iwtli iiftuHUm wJ w, u
M Df (Hwt
PRINCE MY OF BEUSS IS Til VISIT HMERICA ON BOARD ilfll WiBSHIP
BERETN, Gormany, xMay 2. Tho
fleet of warships ordered to visit America
will begin their voyage May 11.
The admiralty has finnlly determined
on tuo composition ot the division of
the German fleet that is to return tho
visit of tho second division of the
United States Atlantic fleet to Kiel
last summer. It will include tho armored
cruiser Moltkc, under tho
of Captain Rittcr von Maun
von Tiechlcr; tho protected cruiser
DISCOVER MILLIONS IN -SOIL
00
UNLIMITED SUPPLY OF POTASH
Federal Agricultural Station Makes Find Worth
Untold .Gold to Hawaii Experiments
Complete.
An available supply of potash, which
for many years has been an essential
ingredient of fertilizers in Hawaii and
has been imported at no little expense
from Germany, hnB been discovered in
inexhaustible quantities in Hawaii by
tho federal government's agricultural
station. According to Dr. E. V.
stuff has been found in tho form
which will supply the essential cneml
cal ingredients to tho soil, will . also.
turmsh other plant foods, and improve
tho general character of heavy lands.
Tho ordlnnry black volcanic sand pr
lava cinder which can bo found in quantities
running up to millions of tons
near any extinct crater in the Islands
is tho source of potash upon which the
chemists of tho experiment stntioit
havo been working. Strangely enough
ordinary lava which flows out of a
crater contains about of ono
per cent, of potash whilo this sand
yields from two to seven per cent. The
one feature of it which at first nppears
objectionable is that it is not in an
immediately soluble form but disintegrates
slowly feeding the spil for
years. On tho other hand, as Doctor
Wilcox points out, the sand itself
serves to loosen up heavy soils and the
potash which it contains will not wash
out in ono season's rains but will
to bo available and will furnish
tho soil with tho necessary element.
Millions in Sight.
On Punchbowl, under the city of Honolulu,
on Tantalus, on Halcakala and
near every live or extinct volcano on
A WATER SHORTAGE
With tho water taps in tho Manoa
Valley almost dry, tho department of
public works, to uso ungraceful language,
is humping itself to remedy a
serious condition in this important
suburb. Tho immediate installation ot
a pump at the lower Makiki reservoir,
connecting with a force main into the
valley is what the department now
plans, to be followed by tho construction
of a reservoir at tho top of Rocky
Hill back of Oahu College, a former
reservoir site.
This last procedure, nlthough to ha
commenced at once, tho government and
uiotrustccs oi tho coiiogo having come
to'nn agreement, will take a year to
comploto and meanivhilo Manoa residents
aro unable to get water for tho
greutor part of tho Jny,
Tho valley has built on so wonder
fully -with such exnnueivo lawns and to
suddenly demanded a largo water supply
that tho department was
uunblo to Icoop pace In tlio luck of
appropriation to build u comprouonaivu
water synUm, It was compelled to put
in 'an emergency service of odd air..'H
of plpo uml other liad features which
line now reached tho limit of Us capacity.
FRESH FIGHTING
. NEfflJEXICD BIT!
WI5XICO CUT, My 8. Aorillnn
lo illjulrliD reenUftl liero from tlm
IwhIjIh ot (Jliimutl, flvu liuiiilred
littvd lm uttwcliisj y SW
Imiiillli iinilir Zupullntft ln')r.
At Din luit tei'Mlt ll.n luwu ot I'lulltuiii
ImJ mu inlkni hy (Ii4 Imimh who
lml liMt It DrlUr in IN Mt,
Stettin, Captain von Krosigk, and tho
protected cruiser Brcman, Captain
Tho rear-admiral who is to bo
in command of tho division has not yet
been selected.
Tho warships will probably return to
Gormnny next month in timo to join
tho rest of tho fleet for tho Kiel yachting
wcok.
The officers of the designated cruisers
include Liimitenniit 1'rineo Ilonry of
Rcuss, who is on board tho Moltke, nnd
IJcutonant Brjnco Christian of
. HK'T 'IHIH
who will bo on
board tho Stettin, but Prince Adalbert
ot Prussia, the son of tho emperor, will
not go to America.
Princo Henry XXXVII. of Rcuss, who
is to visit Amoricn with tho Gorinnn
snundron. is tho son of the Into Princo
Henry "XVIII., who died in the coursu
of n railroad journey from
to Wurzburg August Iti. Princo
Henry XXXVII. was born at Ludwigs-lust,
in November, 18S8. Uo is a lieutenant
in tho German navy.
HIGH PRICE OF PI
OF
III IT IEETI1
SUFFRAGE AND FREAR'S SHORT-
OOMINaS DISCUSSED BY
OITY MOTHERS.
Woman's suffrage on Oahu was
given a second oratorical Bpur
nftcrnoon when tho pioneers of
InBt weak mot again in tho Hirnno gardens
and discoursed upon tho high
price of poi nnd tho outrages of tho
Republican administration for two
hours. Of course tho Hawaiian women
aro running this thing, and it is ns non-
ffAr.Z"'J,SL,,JI!l?,n3'low much of the riclio.t lands oMIfe
of him who opeiifd with prayer, nnd
bohind tho dazzling wall of whi(.o
MtiiB was a compact squad of tho Mc-
i landless old gunrd, who stopped forth
singly irnm timo to time to illseourso
on the poi question nnd the moritb of
tho popular Domocrntic candlilato,
However, thoy were tho supernumeraries,
tho less deadly males of tho
species, nnd this was a woman's meeting.
Mrs. Kalnkiela wore a stunning buff
drnss topped by a very nifty black iiat
trimmed with n feathor or so anil other
things not clearly recollected, hut
most fetching. Mrs. Kikolia,
former stump speaker for tlio
whoso politics wero chnngc I when
the mosquito campaigners walked over
her flower bed, woro her Psycho
and n sailor lint trimmed with
cherries rampant. Mrs. Kchohu appeared
in nn ample holoku of tlio latest
desien nnd her Mexican charrn lint v!Mi
its fivo coils of gold cordon rising nbovu
the amplitude of hor flowing gown, was
tho sensation of tho nftcrnoon. Mrs,
Kcawehaku, who was tho center of envious
oyos, was crowned by a sweeping
black lint tlmt tilted up on tho left
nt something liko degrees aid
was trimmed with a glossy array of
selected tail fenthers.
Mrs. ICnlakiola got rid of her job ns
temporary chairmnn of tho
yesterday afternoon as quickly as
poRsihlo nnd MrB. Snrnh Sherman was
elected in her plnce. Other olllcors
elected wero Mrs. Kalcikuu, vlco prp.l
dent; Mra. R. W. Sharp, secrctnryj
Mrs. S. Monnhan, assistant scerotnry;
Mrs. Charles Frnsher, treasurer.
This business having been disposal
of with ns much expedition nB possibln
the company settled back to enov tlio
forensic firoworks of which Candidate
McCanrtleM had lnid in a good slock.
Of coursu there was not a girat deal
said about saffrago but tho enndidnto,
Muvor lrn, Ororgo Knne, Jcsso
nnd William Knai told about tho out-
rnceous rise in poi and tlio wrongs
which those nssembled hml n(Tr.rP,l ...
der tho present administration and
ivuiim Huner unuor any tn which L. L.
Aicoanitlees was not eonrnrncd with
tromondoua offect. Mrs. Kikolia took
a shot nt tho mosquito men who had
wnlkcd on her flowers. Mrs. Kphnlm
spoko briefly and Mrs, llnnlnti Kn, Mrs.
O. Krnwclmkn and Mrs. Charles
also spoko,
i noro wbh ono pained nnd grievously
disappointed man In that sumlrtmln nt
a'h? inU'a '"'I'1"'' ll, ''flrrnKotles
i ',1W"1, B?aPhn """ wl'O, wtis
not oven culled
upon n spnnk. It
intra enough to lio nxelmloi from n
KiiMo lunii but jo ho Immrpd nt mm
in i,ii k - own jieriioiinlly coiiilitntml
lilo sIlOWII wni mora thnn Ilnrrnn '
o.Mbonr , i, 1 ,,., ilv , Un nV , mWn
collnLnnnro w J Inwnd f uZm f,,00V"'5
Altogether
I nindtlllB. Ndlirly nvurvlinilv had iii. "r' """" """ " inn niUK 01
nre to t.llf iiT tW who , Id ,' ' ,,8,vl,,' ""l",l",, " " ' "' '"
II llllf,.ri nllUr.ru .n ...!... I, ...... II I CSlllllL' lit 111 Villi 110111011. OWllllll tlltllll
nvr th Iml I w got out tliJr DurliiiHi '
gitlmroil In ulrdfn unil blow rlnui wltlii
ovlijutil ustlifniitlnii
vnomj ham mm
VOU HU0AH YMVU.
FURIOUS RIVER
SNEERS AT
BONDS
All Hope of Patching
Levees Mas Been
Lost.
BREACHES GIGANTIC
One Hundred Thousand
Homeless Losses
Staggering.
NHW ORLEANS, Louisiana, Mny 3.
Ono hundred and fifteen thousand
people aro homeless, property losses
run into tho tons of millions and biill
iho furious Mississippi continues to
rise. This city is liko njiugo camp,
from Carrolton to Chalmotto there nro
thousands of destitude, houseless wanderers
driven for refuge iuto town, nnl
hundreds moro como in with ovnry trnin
that manages to got through the vnst
areas of flooded lauds that surround tho
city.
Tho Carrolton district is tinuVr w.itor.
Breaks in tho lovees just nbovo uru
to bo moro than eight hundred
feet wide nnd steadily increasing in
size. There ih n twelve milo cjrrcnt
ponrlng through tho gap, sweeping
aside nil attempts to stem or control
tit. Audubon. Park and tho sugar
tion nro threatened, ns nro tho
buildings of tho Tulnno College If tho
river continues rising tho business district
will also bo iuundntcd.
There Is no possible way oi telling
Btato is under.. water. Yesterday
"on tho levees surrounding tho State
convict camp at Angola broko uudor
tho enormous pressure and llooikd moro
than five thousand ncres in Ipfs than an
hour. Tho prisoners una gimrds
aged to escape, but tho camp is reported
a total loss.
Bayou des Allcmandes is out of its
banks and the surrounding territory is
inimdntcd. The peoplo of llnrnvillo
hnvo been forced to floe, and tho eullro
westorn and southern portion of St.
John tho Unptist parish is unilc water.
ThiB includes some of tho tlnwt sugar
land in tho State and tho loss thoro
will bo tremendous.
Ascension parish is nlso flooded for
tho most part and many of the sniallsr
towns ha-e had to bo abnndonnd until
tho floods subside. Iberville parish 1b
in much tho samo plight. Up t'ir r ver
as far as Hnton Kongo and Ihj lionds
como reports of vain fighting
tho breaking, crumbling lovves In
mnny places thousands upon thousands
of bags of sand havo been throw u into
breaks only to bo whirled out ot tho
way by tho irresistible current. Baton
Rougo reports that it is full of
mnny of whom nro completely destitl'to,
and not a fow in danger of stnnation.
--
JAPANESE GOO
KILLED II CAPTAIN
SAN PI1ANCI8CO, May 3,-Tom
Okubu, a Japuncso cook of tho American
sthoonor Americana, was
found guilty of hnving killed tho
captain of tho vessol, Carl A. Ilensoii,
In n fight January 27. Tho story told
III' tll.l nnnb ....iu I i n ., ...! I.. .11
J "" o imiuuucuu in uviuuuco
! against him. It was in tlio form of a
i "'"t0"'0"' mndo to tho second mnlo,
,,,,m ""'iso, nnu was largely in
struiiicntnl in securing a Josser verdict
iiuin tnnt ot iminior with which Okubu
had luien charged.
According to Okubu 's story, two days
before tho killing Captain Benson had
nt tn eked him, taken away two cans
oi soup up nnd noen preparing for tho
crow's dinner, and accused him of
I Imvimr atninn'inn .,.,.i of
sugar.
! This tho rook denied, and tho captain!
ho says, struck him Iu tlio fnce and
culled lilm n 'yollow dog am) a tlilof,"
and tlirontmioif to "siniish Mm," Tho
following day tboro wns n dlinuto nvur
oiim flsh Iliu conk hml iirnpari'd for tlio
i",,lB' " " bo ily of t
,!"' m Ytmt Mo M' !1
r,f
fn"u,, f,,",w"'r '"2
!''' '" '"'' ""' Wfi UM'" ""1'" t r u 1c
,'I,n fuH ,n ,!,,t' lm'ei '"''1", I I'M 'y
Htm mul hill lilm,"
''U JIOA'P HIiOWN VV ,
HY vvRVWir MiwriH,
ti)W VOliK, Mny liar l.wii t'ilNHTAW'nwnPl.JS, 'J'mbuy, ify
liruulit br Allurwuy aiir'l WOLf .1 Vmr lllnurt m) twalvfl wl4lr
hmii tuiluMt I tin I'w4rl Hujftr flo. wr blllwi by IIjk ttublut of tuu
Ink 'ttiuy fur imi4W hwum tlml UUU fuM t fltiTlu wlu fit
fru4i 'jn4iwWl'lM liitiil lh UnrilituwIlM iirtt
1
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V
41
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